[blml] Clarification...

[Nigel]

Tim West-Meads wrote:
> Nigel wrote:
>> [Tim West-Meads]
>> It's not an implicit agreement - it's a habit of Herman's of which 
>> most of his partners are unaware (so there's nothing to disclose).
>>
>> [nige2]
>> Another flat contradiction from Tim without basis in fact. Herman 
>> has told us that his regular partners joke about the fact that he 
>> opens 1H when he has 0-3HCP in 3rd seat.
> 
> Herman has also told us that he plays with many different people.  Most
> of those probably haven't seen or heard of his habit.
> One or two of his most regular partners may well be aware of (and joke
> about) his habit - particularly if they read BLML.
> I'm sure Herman will confirm.
>  
>> IMO they do have an *undisclosed implicit agreement*.
> 
> Those of his partners who *are* aware of it will disclose their
> understanding according to Belgian regulations (IIRC that means solely in
> answer to questions rather than on the CC or by alerting). Again I'm sure
> Herman will confirm.  Disclosure does not, of itself, transform an
> understanding based on experience into a regulable implicit agreement.
>  
>> Worse. IMO Herman's "habit" is a *convention*. 
> 
> And that's just garbage.  It's a habit of breaking his systemic
> agreements on certain rare hand patterns.  You have not one shred of
> evidence to suggest that the habit is in any way systemic with any of
> Herman's partners.

[nige3]

There is ample evidence - from the laws and Herman's own statements - 
to convince BLMLers. Tim and John are so belligerently offensive on 
this issue that I am happy to disagree with them.

As previously suggested, it would be a good idea to *simplify* the law 
to legalize a concealed partnership understanding on which partner 
*never* acts; because such a CPU would go undetected by normal 
"fielding" criteria.

If, as in this case, in order to establish an infraction of psych law, 
you must persuade the putative offender to admit it, that gives even 
more of an advantage to "truth economists", a group already favoured 
by too many other laws.